HOUSE EDUCATION COMMITTEE SUBSTITUTE FOR

HOUSE BILL 54

57th legislature - STATE OF NEW MEXICO - first session, 2025

 

 

 

 

 

 

 

AN ACT

RELATING TO PUBLIC SCHOOLS; REQUIRING SCHOOLS TO DEVELOP CARDIAC EMERGENCY RESPONSE PLANS; REQUIRING EVERY HIGH SCHOOL TO INSTALL AN AUTOMATED EXTERNAL DEFIBRILLATOR.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 22-33-1 NMSA 1978 (being Laws 2014, Chapter 50, Section 1) is amended to read:

     "22-33-1. SHORT TITLE.--[Sections 1 through 4 of this act] Chapter 22, Article 33 NMSA 1978 may be cited as the "Emergency Medication in Schools Act"."

     SECTION 2. Section 22-33-2 NMSA 1978 (being Laws 2014, Chapter 50, Section 2) is amended to read:

     "22-33-2. DEFINITIONS.--As used in the Emergency Medication in Schools Act:

          A. "albuterol" includes albuterol or another inhaled bronchodilator, as recommended by the department of health, for the treatment of respiratory distress;

          B. "albuterol aerosol canister" means a portable drug delivery device packaged with multiple premeasured doses of albuterol;

          C. "anaphylaxis" or "anaphylactic reaction" means a sudden, severe and potentially life-threatening whole-body allergic reaction;

          D. "automated external defibrillator" means a medical device heart monitor and defibrillator that:

                (1) has received approval of its premarket modification filed pursuant to 21 U.S.C. 360(k), from the United States food and drug administration;

                (2) is capable of recognizing cardiac arrest that will respond to defibrillation, ventricular fibrillation or rapid ventricular tachycardia and is capable of determining whether defibrillation should be performed; and

                (3) upon determining that defibrillation should be performed, automatically charges and is capable of delivering an electrical impulse to an individual's heart;

          [D.] E. "emergency medication" means albuterol or epinephrine;

          [E.] F. "epinephrine" includes epinephrine or another medication, as recommended by the department of health, used to treat anaphylaxis until the immediate arrival of emergency medical system responders;

          [F.] G. "epinephrine auto-injector" means a portable, disposable drug delivery device that contains a premeasured single dose of epinephrine;

          [G.] H. "governing body" includes a governing body of a private school;

          [H.] I. "health care practitioner" means a person authorized by the state to prescribe emergency medication;

          [I.] J. "respiratory distress" includes impaired oxygenation of the blood or impaired ventilation of the respiratory system;

          [J.] K. "school" means a public school, charter school or private school;

          [K.] L. "spacer" means a holding chamber that is used to optimize the delivery of albuterol to a person's lungs;

          [L.] M. "stock supply" means an appropriate quantity of emergency medication, as recommended by the department of health; and

          [M.] N. "trained personnel" means a school employee, agent or volunteer who has completed epinephrine administration training documented by the school nurse, school principal or school leader and approved by the department of health and who has been designated by the school principal or school leader to administer epinephrine on a voluntary basis outside of the scope of employment."

     SECTION 3. A new section of the Emergency Medication in Schools Act is enacted to read:

     "[NEW MATERIAL] CARDIAC EMERGENCY RESPONSE PLAN--AUTOMATED EXTERNAL DEFIBRILLATOR.--

          A. Each school shall develop and implement a cardiac emergency response plan that addresses the appropriate use of school personnel who are to respond to incidents involving a person experiencing a sudden cardiac arrest or a similar life-threatening emergency while on school grounds. Each cardiac emergency response plan shall:

                (1) be developed and implemented using evidence-based guidelines;

                (2) identify specific school personnel who will take action when a person experiences a sudden cardiac arrest or a similar life-threatening emergency;

                (3) establish protocols for school personnel identified by the cardiac emergency response plan to follow when a person experiences a sudden cardiac arrest or a similar life-threatening emergency;

                (4) determine an appropriate location for an automated external defibrillator to be installed;

                 (5) provide for routine maintenance of the automated external defibrillator; and

                (6) be updated when necessary to be consistent with evidence-based guidelines.

          B. No later than the beginning of the 2026-2027 school year, every high school in the state shall install an automated external defibrillator. Installed automated external defibrillators shall be maintained and tested according to the manufacturer's operational guidelines.

          C. No later than January 1, 2026, the department shall adopt and promulgate rules for the training of high school employees on the use of automated external defibrillators in a manner consistent with standards adopted by the American heart association.

          D. The requirements of Subsection A of this section shall apply:

                (1) to all public non-charter high schools beginning in the 2025-2026 school year; and

                (2) all elementary schools, middle schools, charter schools and private schools beginning in the 2026-2027 school year."

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